A New York Supreme Court judge called a boiler maker’s evidence “hearsay” in ruling in favor of the family of a boiler technician who died of mesothelioma in 2017. The case revolved around the death of Solomon Serrano, who was diagnosed with pleural mesothelioma in July of 2016 after years of working on Superior Boiler Works’ equipment in the Bronx, Brooklyn, Manhattan and Queens throughout the 1960s.
Boiler Maker Moves to Dismiss Mesothelioma Lawsuit
As is true in many mesothelioma lawsuits, the asbestos company in this case denied responsibility for Mr. Serrano’s exposure to asbestos, claiming that his family had provided insufficient proof of their liability in their initial claim and arguing that the case should be entirely dismissed before going to trial. Despite extensive and detailed descriptions of asbestos-contaminated products that Mr. Serrano provided before his death, the boiler maker supported their argument by saying they did not ship their boilers anywhere in New York in the years in question, and they submitted an affidavit of a former employee as proof.
The boiler worker’s family revealed that the affidavit in question, which claimed that the company had not manufactured boilers with any asbestos, that they did not require insulation and that they had never been shipped anywhere in New York, had been prepared years earlier in an attempt to defeat other mesothelioma lawsuits. Since the time they had originally been prepared the same employee had given conflicting testimony when cross-examined in other mesothelioma lawsuits, calling the accuracy and legitimacy of his reports into question.
Judge Agrees that Evidence Was Manufactured by Attorneys
In reviewing the case, Judge Manuel J. Mendez agreed with the position taken by Mr. Serrano’s attorneys, saying that “the email and spreadsheet were created by Superior Boiler Workers’ lawyers, rendering them hearsay.” He also ruled that there was sufficient evidence submitted by the mesothelioma victim’s family for the case to proceed to trial.
Being diagnosed with malignant mesothelioma means having to fight for what you need and what is right. For information on the resources available to help, contact the Patient Advocates at Mesothelioma.net at 1-800-692-8608.
